Presented by Carter Fritschle Adjudication Section Manager Post Falls Idaho October 28 2015 SETTLEMENT DOCUMENT SUBJECT TO IRE 408 First in time is first in right The earlier senior priority date rights must be satisfied before the later junior priority dates can be delivered ID: 683081
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State Water Law and Overview of State Adjudication Claims in the CSRBA
Presented by Carter Fritschle Adjudication Section ManagerPost Falls, Idaho October 28, 2015
SETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide2
“First in time is first in right.”
The earlier
(senior) priority date rights must be satisfied before the later (junior) priority dates can be delivered.
This becomes important when the source (available
supply of water) is not sufficient to meet the current demand.A water right allows the private use of Idaho’s public water.
Idaho is a Prior Appropriation State
SETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide3
When Idaho became a territory in 1863, a permit procedure for the development of a water right was not available.
Water rights were developed by diverting the water and putting it to beneficial use.In 1881 the posted notice procedure became available to make a record of a water use.
Water right permits became optional in 1903, but many continued to appropriate water without obtaining a permit that would lead to a license.
Acquiring a Water Right
SETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide4
Beneficial use water rights were developed without going through the permit process.
The majority of the water rights in Idaho were likely developed by this method.A water right adjudication is the only process available to secure the priority date of an early beneficial use water right.
Beneficial Use Water Rights
SETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide5
Dates water right permits became mandatory:
March 25, 1963 – Ground water diversions (except for domestic and/or livestock uses as defined in Section 42-111, Idaho Code) May 20, 1971 – Surface water diversions (except for watering livestock directly from streams as defined in Section 42-113, Idaho Code)
Note: The domestic and/or livestock water uses that are defined in Section 42-111, Idaho Code are also referred to as de minimis water uses.
Mandatory Permit Dates
SETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide6
November 12, 2008 – Commencement Order (the filing of claims for de minimis domestic and/or
stockwater uses could be deferred)January 2009 to August 2011 – First Round Service Commencement Notice mailed
March 2012 to May 2013 – Second Round Service Commencement Notice mailed
March 2014 – Basin 93 Director’s Report
December 2014 – Basin 92 Director’s ReportFebruary 2015 – Basin 91 Director’s Report Timeline for the CSRBASETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide7
Approximately 11,156 state law based claims filed as of June 1, 2015.
Approximately 84% of these claims are for de minimis domestic and/or stockwater use only
.
Approximate number of D & S claims by basin:
Basin 91 = 471 (81% of claims filed in Basin 91)Basin 92 = 768 (87% of claims filed in Basin 92)Basin 93 = 320 (88% of claims filed in Basin 93) Basin 94 = 1,524 (83% of claims filed in Basin 94)Basin 95 = 6,274 (84% of claims filed in Basin 95)Claims Filed Based on State LawSETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide8
63% of the de minimis claims are for domestic use only – the majority are for 1 home
16% of the de minimis claims are for domestic and stockwater use – typically 1 home with a small number of livestock
4% of the de minimis claims are for
stockwater
use only – generally a small number of livestockDe minimis ClaimsSETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide9
Most de minimis claims have a diversion rate from 0.01 cfs up to 0.06 cfs. (4.5
gpm to 27 gpm)
Licensed and decreed domestic water rights are also generally limited to 0.6 acre-feet per year for in-home use only or 1.2 acre-feet per year for both in-home use and external use.
Volume for beneficial use claims is limited to historical beneficial use with all de minimis use rights capped at 13,000 gallons per day or 2,500 gallons per day (Section 42-111, Idaho Code).
IDWR Review of De minimis ClaimsSETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide10
Approximately 1,880 state law based claims filed with at least one point of diversion within the boundary of the Coeur d’Alene Reservation.
Approximate number of claims by basin:Basin 91 = 272 claims (46% of claims filed in Basin 91)
Basin 92 = 169 claims (19% of claims filed in Basin 92)
Basin 93 = 329 claims (91% of claims filed in Basin 93)
Basin 94 = 295 claims (16% of claims filed in Basin 94)Basin 95 = 815 claims (11% of claims filed in Basin 95)State Law Based Claims Diverted within the Boundary of the ReservationSETTLEMENT DOCUMENT SUBJECT TO IRE 408Slide11
Questions?
SETTLEMENT DOCUMENT SUBJECT TO IRE 408